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When can you file a wrongful death claim in Texas?

by | Mar 21, 2019 | Wrongful Death |

If you have suffered the loss of your spouse due to a motor vehicle collision in Texas or another such accident, you may be left grief-stricken and struggling with several challenges. Although it cannot bring your loved one back, you may consider filing a wrongful death claim seeking financial compensation. Therefore, it may be of benefit to understand the cause of action for such cases.

Under Texas state law, liability must exist for there to be a cause of action for wrongful death claims. This means that the injury resulting in your spouse’s death must have been caused by the wrongful, neglectful, careless, unskillful or default actions of another. For example, if your loved one was struck from behind by a semitrailer that was speeding, the trucker or trucking company may be held liable. On the other hand, the responsibility may lie with your spouse if he or she ran a red light and struck the tractor-trailer from behind.

In claims involving industrial or public utility plants; railroads, street railways, steamboats, stagecoaches, and other vehicles used to transport goods and passengers; and other machinery, liability may also be assessed if your spouse’s death was caused as a result of unsafe or bad conditions.

The actions resulting in wrongful deaths may be those of an individual person, an association of people, a joint-stock company or a corporation. Additionally, these parties may be held liable for the actions of those who are acting or serving as their agents, trustees or receivers.

This information is provided to give you a general idea of the cause of action for wrongful death lawsuits. However, it should not be considered legal advice.